Property issue

Divorced and decree received from court in July 2012 on the grounds of wife deserted and not leaving along with me for more than 2 years under rule 13(1b) as per Hindu marriage act.
Till now no claim of maintenance has been filed from other end.
Can wife claim rights in joint property of husband? Agreement and share certificates are in joint name.
What will be the time limit to appeal for any such claims?
Can please guide me on the subject matter?
With regards
Mayur M Shah
+919712993977

Asked 2 years ago in Family Law from VAPI, Gujarat

Religion: Hindu

1) wife has 50 per cent share in flat standing in joint names even after divorce
2) there is no time limit
3) she can file suit for partition as and when she so desires

1) purchase her 50 per cent share in property .
2) ask he r to execute sale deed in your favour
3) have it duly stamped and regd
4) if she cannot come to india she can execute power of attorney in favour of relative to sell her share in property

1) i presume when you say rights in joint property of husband it would mean that flat was purchased in joint names of husband and wife
2) if wife name is not mentioned in sale deed and husband had purchased flat in joint name with other relative wife has no share in said flat

she cannot claim share in ancestral and self acquired property of husband but she can claim in the properties she is Joint owner therein. There is no limitation period for such claim because she is joint owner of the properties.

Under the present law the proprietary rights of wife are confined to the properties registered absolutely in her favour or jointly in her and her husband's favour. So if the sale deed is in joint name then she can cull out her equal share through a suit for partition irrespective of the divorce decree.

Hi, if the property was registered in the joint name then wife has absolute owner of the property to an extent of her 1/2 share and name of the wife is entered in only agreement of sale and it can be deleted at the time registration of the property.

1. She already had her right title and interest on the properties jointly held by both of you,
2. There is no time limit to claim her own existing share of the properties since there is no indication that she is deprived of her share of the properties,
3. She can claim her share at any time she wishes to.

I had taken housing loan from HDFC Ltd being an NBFC
Due to non payment of loan they took possession of property under sarfesai act 2002 vide notification no GSR SO 1282 (E) dated 10.11.2003
Is is mandatory in agreement between borrower to mention sale / auction procedure
Can they sale/ auction property without informing to borrower
Auction fixed on a date and it is not materialize and sale took place latter on are they supposed to inform borrower regarding this.
What are the rights of borrower
Can please put a light on above point
With regard
Mayur M Shah

Asked 2 years ago

The possession was taken over by NBFC and thereafter it is at liberty to sell the property through auction to apply the sale proceeds towards the repayment of loan. The sale procedure is laid down in the law, and so it does not have to be mentioned in the agreement between the lender and borrower. You must have been issued a notice for sale of property. If you have not been granted a stay by DRT then the auction can proceed. The balance sale proceeds are to be returned to the borrower.

Bank cannot auction loan property without informing and giving a chance to the borrower to settle the loan. Borrower has a chance to settle NPA with the bank on the terms agreed between them. You can enlarge the tenure of payment so you should talk with bank's officers for settlement of your loan

1) the bank must have issued you 2 months notice under provisions of section 13(2)
2) did you file any reply to said notice ?
3) only after expiry of 2 months would the bank have issued you possession notice under section 13(4)
4)Section 14 of the Act provides that the secured creditor can file an application before the Chief Metropolitan Magistrate or the District Magistrate, within whose jurisdiction, the secured asset or other documents relating thereto are found for taking possession thereof. -
4) he Act provides for right of appeal available to the borrower/guarantor/aggrieved person against the possession notice issued by the Bank under section 13 (4) of the Act.within period of 45 days from date of issuance of notice
5) property would not be auctioned without issue of notice in newspapers the details of the property Every notice of sale shall be affixed on a conspicuous part of the immovable property and may, if the authorised officer deems it fit, put on the website of the secured creditor on the Internet.
6) Rule 9(1) of Enforcement of Securities Rules under SARFAESI Act 2002 provides that No sale shall be made of the secured asset before the expiry of thirty days from the date of publication of the action notice.
7) valuation of immovable secured assets by approved valuer is to be done before effecting sale.
8)A bidder who has offered highest prize shall be identified as successful bidder and he has to deposit 25% of the bid amount immediately
9)he sale shall be confirmed in favour of the purchaser who has offered the highest sale price in his bid or tender or quotation or offer to the authorised officer and shall be subject to confirmation by the secured creditor
10)Borrower can participate as tenderer / bidder to purchase the secured asset in the process of sale
11)On confirmation of sale by the secured creditor and if the terms of payment have been complied with, the authorised officer exercising the power of sale shall issue a certificate of sale of the immovable property in favour of the purchaser

1. The Bank shall have to issue sale notice in Newspapers and also send a copy of the sle notice to the Borrower/mortgagor,
2. With in 45 days of receipt of the above notice, the Borrower can file a SARFAESI Application before the local Debt Recovery Tribunal seeking relief,
3. when there was no sale on the published day, the Bank shall have to further issue/publish sale notice duly informing/sending copy to the Borrower/mortgagor,
4. Contact a local lawyer having expertise in DRT matters and file SARFAESI Application within 45 days from the date of the said sale notice praying for an order for cancelling the sale certificate issued by the Bank.

Can wife claim rights in joint property of husband? Agreement and share certificates are in joint name.
She may claim her share in the properties (both movable and immovable) if the same are in joint names. Divorce decree cannot forbid her from claiming her legitimate share.
What will be the time limit to appeal for any such claims?
There is n o question of time limit. You cannot dispose the properties lying in the joint names without her consent or authorisation.

Is is mandatory in agreement between borrower to mention sale / auction procedure
Can they sale/ auction property without informing to borrower
For bringing a property to auction to recover the loan amount under sarfesi act, the institution has to follow the procedure of notifying the borrower properly by issuing a notice under section 13(20 of the act giving 60 days time to make payment and after that they can proceed with further legal actions as per th provisions of the said law.
Auction fixed on a date and it is not materialize and sale took place latter on are they supposed to inform borrower regarding this.
The borrower has no role to play in the auction proceedings except he can participate as a bidder, instead he could have taken an action on that step earlier itself.
What are the rights of borrower
The borrower can file an appeal before DRT under section 17 of the act.

Can wife claim rights in joint property of husband? Agreement and share certificates are in joint name.
==Yes, she can claim as the properties are in joint name.
What will be the time limit to appeal for any such claims?
==Time limit will be three years from the date from any one party claims their right. For example if wife give any legal notice to you. Then the time limit to file a civil case will be 3 years from the date of legal notice. Likewise, if husband (you) give any legal notice to your wife. Then the time limit to file a civil case will be 3 years from the date of legal notice.
I had taken housing loan from HDFC Ltd being an NBFC
Due to non payment of loan they took possession of property under sarfesai act 2002 vide notification no GSR SO 1282 (E) dated 10.11.2003
Is it mandatory in agreement between borrower to mention sale / auction procedure
Can they sale/ auction property without informing to borrower
Auction fixed on a date and it is not materialize and sale took place latter on are they supposed to inform borrower regarding this.
What are the rights of borrower
Can please put a light on above point
==What is this agreement and who are the vendor and who are the borrower. Please clarify me. You can also contact me through Kaanoon.com.

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